Summary: We cannot investigate this complaint that the Council has applied to the courts for a Special Guardianship Order. This is because the law does not allow us to investigate complaints about the start of court action.

The complaint

1. The complainant, who I will call Miss X, complains that the Council has applied to the courts for a Special Guardianship Order (SGO) for her child. Miss X is worried what impact this will have on her contact arrangements with the child.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint about an application the Council has made to the court. This is because the law does not allow us to investigate complaints about the start of court action.

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Final decision

7. We will not investigate Miss X’s complaint because the law does not allow us to investigate complaints about the start of court action.

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Investigator's decision on behalf of the Ombudsman